Background Check Shows a Misdemeanor as a Felony
If your background check lists a misdemeanor as a felony, that’s more than a simple mistake — it can completely change how employers view your record. This kind of error typically comes from bad data entry, outdated court information, or mismatched records, and the law gives you the right to get it corrected quickly.
Why Would a Misdemeanor Appear as a Felony?
Misclassification happens more often than most people expect. Some common causes include:
A court database incorrectly labels the charge
A data broker reporting outdated or incomplete information
A screening company is confusing similar case numbers
Digitization errors occurred when the records were transferred
A clerk entered the wrong level of offense
An old charge that was reduced but never updated
Even one wrong digit or code in the system can turn a minor offense into something far more serious.
Is It Legal for a Background Check to Misreport the Severity of a Charge?
No. Under the Fair Credit Reporting Act (FCRA), background check companies must ensure the information they report is:
accurate
based on the correct charge level
properly matched to the right case
not misleading in any way
Reporting a misdemeanor as a felony is considered materially inaccurate, which may entitle you to financial compensation.
How to Fix a Background Check That Shows a Misdemeanor as a Felony
Here’s the most effective approach:
1. Get a copy of the background check. Make sure you have the exact report the employer saw.
2. Obtain your official court documents. Look for:
the original charges
the final disposition
any reductions or amended charges
3. Compare the court paperwork to the report
Highlight exactly where the screening company got it wrong.
4. File a dispute with the background check agency. Send a clear, written dispute with copies of your court records.
5. Notify the employer. Let them know the report is under dispute and not accurate.
6. Contact a consumer protection attorney. If you lost a job or were delayed because of the error, you may have a strong claim.
How We Can Help
If a background check listed your misdemeanor as a felony, we can help correct the error and pursue compensation for the harm the mistake caused. These misclassification cases often lead to strong FCRA claims.